S.I. No. 161/2023 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th April, 2023.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 10 of the Social Welfare Act 2020 (No. 30 of 2020)) of the Social Welfare Consolidation Act 2005 , and by reference 19 (amended by section 26 of the Social Welfare and Pensions Act 2010 (No. 37 of 2010)) in Table 2 to Schedule 3 to, the Social Welfare Consolidation Act 2005 , with the consent of the Minister of Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2022/3 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2023.

Assessment of means

2. (1) Article 36 of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 ( S.I. No. 412 of 2007 ) is amended in paragraph (i), (inserted by article 2(b) of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means) Regulations 2022 ( S.I. No. 396 of 2022 )) by the insertion after “Subject to” of “the cessation of this disregard on 17 March 2025, and”.

(2) Article 2(2) of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means) Regulations 2022 ( S.I. No. 396 of 2022 )) is revoked.

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

22 March, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure,

National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

24 March, 2023.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means) Regulations 2022 ( S.I. No. 396 of 2022 )) provide that income received (up to a maximum of €269.23 weekly which equates to €14,000 per annum) by a person from renting out a room in their home to a person who is not an employee, or an immediate family member will be disregarded in the assessment of means for the purposes of Supplementary Allowance.

Article 2(2) of those Regulations provides for a cessation of that disregard with effect from 17 March 2023.

These Regulations extend the duration of the disregard until 17 March 2025.